Dixon v Ku-ring-gai Municipal Council [2004] NSWLEC 672

Land and Environment Court of New South Wales

CITATION : Dixon v Ku-ring-gai Municipal Council [2004] NSWLEC 672 APPLICANT Stephen and Katrina Dixon PARTIES : RESPONDENT Ku-ring-gai Municipal Council FILE NUMBER(S) : 10996 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- demolition of exisitng dwelling and construction of two dwellings as detached dual occupancies - Streetscape - Designs had features not in sympathy with street character - Shadows - Solar access - Privacy - Landscape

State Environmental Policy No. 53 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 30/11/2004 EX TEMPORE 11/30/2004 JUDGMENT DATE :

APPLICANT Mr S. Kondilios, solicitor Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

30 November 2004

10996 of 2004 Stephen and Katrina Dixon v Ku-ring-gai Municipal Council

JUDGMENT 1 This is a judgment in Appeal No. 10996 of 2004 between S and K Dixon v Ku-ring-gai Municipal Council. The appeal was against a deemed refusal of development application 1058/03 for demolition of an existing dwelling and construction of two dwellings as detached dual occupancies under State Environmental Planning Policy No. 53.